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JOHNS-MANVILLE CORP. v. CEMENT ASBESTOS PRODUCTS CO.

No. 28659.

428 F.2d 1381 (1970)

JOHNS-MANVILLE CORPORATION, Plaintiff-Appellant, v. CEMENT ASBESTOS PRODUCTS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 13, 1970.

Attorney(s) appearing for the Case

Hobart A. McWhorter, Jr., Birmingham, Ala., C. Willard Hayes, John S. Hale, Washington, D.C., John A. McKinney, Joseph J. Kelly, Manville, N. J., for plaintiff-appellant; John S. Hale, Cushman, Darby & Cushman, Washington, D. C., of counsel.

Hugh P. Carter, Drayton T. Scott, L. Murray Alley, Birmingham, Ala., for defendant-appellee; Jennings, Carter, & Thompson, Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., of counsel.

Before TUTTLE, DYER and CLARK, Circuit Judges.

DYER, Circuit Judge:

In a suit brought by Johns-Manville Corporation (J-M) against Cement Asbestos Products Company (CAPCO) for infringement of Letters Patent No. 2,738,992, the District Court found Claims 1 and 2 invalid because of anticipation and obviousness; but if valid, there was infringement. J-M appeals. We affirm.

The patent in suit is entitled "Pipe Coupling" and is claimed to be an improvement in the field of couplings for joining the ends of pipes...

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